Loading...
HomeMy WebLinkAbout#1617-CUP-1984 • r • ■��� ��� ��� ��i�� 1 � ��� �� � c t �,o 0 RESO�UTION OF THE CITY COUNCIL NO. 1617 • • ' • • GRANTING A CONDITIONAL USE PERKIT TO MUNICIPAL ZONING SECTION 34.330 - FILE 797 Whereas, New Thought Center , Inc. , Church of Reliqious Science, a Minnesota Corporation, is the owner (hereafter "applicant") of a property located at 525 Leaf Street and has made application to the City of Orono (hereafter "City") ,. to permit the continued church use of the property legal2y described as Lot 12, Block � 1, Stielows Addition (hereafter "property") . � Now, Therefore Be It Resolved by the City Councfl of prona , Minnesota: Find ings I. This application was reviewed as Zoning File No. 797. 2. The property is Iocated in the LR-lA Lakeshore Residential Zoning District. 3. In 1969 the City approvec3 a Conditional Use Permit per Municipal ordinance 34.33� for church use of the property for the Andromeda Foundation - Chapel of the Open Door and at that same time issued a building pErmit for a new church structure. 4. Sometime in 197fd, the contractar, John Lambin, was advised of the need to renew the building permit Eor the new construction as the original 1969 building permit had expired based an inactivity. 5. In a letter dated March 24, 1970, John Lambfn agreed to renew the builfng permit and call for the necessary inspections so that the City could issue the required certificate of occupancy. 6. The church has operated since 1969 without a certificate of occupancy for �he new church 5tructure and in violation of the following seetians of the Municipal Code: Page 1 of 7 r �� . �� ���� ��9�� ��� ���N � c . �,o�o ct RESOLUTIOfV OF THE CITY COUNCIL NO. �16].7 • • ' • • � 1 - SEC. 1�.p17. OCCUPANCY CERTIFICATES. Subd . 1 . When Required . A zoning occupancy certificate shall be requieed for occupancy and use of any buildings hereinafter erected or structurally altered; for new occupancy and use of an existing bui.lding when the new use is of a different zoning classification; for occupancy and use of vacant land , new use of vacant � land when new use is of a different zoning classification; for any • change in the us� of a non-con�orming use. Where appropriate, the zoning occupaney certificate may be issued as part of building permit. � Subd. 2. Prohibition. It is unlawful for any person to do , any of the ths.ngs mentioned in Subdivision I above as requiring an occupancy certificate withouti having one in force. Any materia}. to the issuance thereof shall be void . Whenever the fact of such false statement shall be established to the satisfaction of the Zoning Administrator, he shall forthwith revoke the occupancy certificate, by notice to the holder. It is �unlawful for any person to proceed thereafter with such work- or use wi�hout having obtained a new certificate. 2 - SEC. I�.QJ9. Subdivision 6 (B} and (C� B. A canditional use permit may be revokable, may be granted for a limited time, or may be granted subject ta such conditions as the Council may prescribe. ' C. A condi�ional use permit sha7.7: remain in effect as long as the conditions aqreed upon are observed, but nothing in this Section shall prevent the City from �nacting or amending officiaZ control, to change the status of conditional uses. 3 -- SEC. lfd.09. Subdivision 8 Conditional Uses: . Lapse of Permit. A conditional use permit shall lapse one year following t�ie date on which it became effective, unless prior to that time a buflding permit is issued by the Building Inspector and canstruction is commenced and pursued toward � completion on the site wh�ch was the s��ub�'e_c�t�� of the conditional use �e__r�m�i��� app �a�on:—"7� con iEionTuse pe m£"-may T�e renewe ��r an ad��onal per od a one year provided that the request be file8 prior to the expiKation of one year from the date when the use permit is filed . with the Zoning Administrator. The Council maX grant oX deny an application for renewal for a condi'tional use permit. Page 2 of 7 } ' F �t , e I• � • ��LL���� �P'�4"' ! �I � �1 �� I � ��� � r �tr�- ��._ v (..�:..d:�� d�'S'�.7p ..��n�'i^. i�'�� �;�'�'`'`�'h_ � �%is��;u� ..^';� • '�"s. C�t of (JF� � �� =�� � RESOLUTION OF THE CITY COUNCIL NO. 1617 • • • � • 7. The appliCant' s tax exempt application has been dex�ied by the State Department of Revenue since 1981 based on the City's position that the original I969 conditional use permit was violated beceuse the church has o�erated for years without the required certificate of occupancyfor the new church structure and in violation of the municipal code as specified above. 6. On Octuber ?0, I983, the applicant filed for a Conditional Use Permit with the City. � 9. On March 19, 1984, the Orono Planning Commission reviewed this application and recommended approvai of the Conditional Use Permit based upon the following Findings: a) The property has been used for church purposes since 19�b8. . b} The church provides a seating capacity of 325 seats and 82 plus parking stalls (9' x 20") . c} The church continues to be used by the general public for weddings on weekends. . d} Church structure is used for church or related us�s. The applicant has not leased the s�ructure for day care use to an outside agency or agent. � e) The City has received no complaints from the neighboring property owners in regard to the use af this prope�ty by the applicant since 1978. � f} The Police Department reports that there have been no _ parking or related problems at this property. g) The cont3.nued use of this property as a church at the current level of use - 325 seating capacity - wi11 not create any hazards or endanger the health, safety and welfare af the nei.ghborhood nor ot the general public. 10. As required in the review process of this application, on � Apri7. 4, i984, the Huilding Official and On Site Septic ' Manager inspected the property ta determine if a certificate of occupancy cou�d be fssued for the church structure. Page 3 of 7 � .:.- f �a2j:F t :�'. _ �• ( �} .. � , �i �i..� `� .r r..��. y��i7� �f!-R+Y.�;}�; • , � :( 7}l��• ;ei�2 TR � - .. .s._f�... �. ;i . ._...:•�"�F.Y c�ty o� oR,oNo RESOLUTION O�THE CITY COUNCIL NO. �.617 • • ' � • 11 . The 6uild.ing O�ficial reports several State Fire Code violations and will give the applicant 3� days to bring the s�ructure into conformance. A certificate of ocCupancy will be issued to the applicant upon removal of the violations. 12. The On Site Septic Manager reports a failing septic system at the residence (old caretaker house) and was unable to make a clear determination as to code conformance of the septic system serving the church structure. The applicant wilt have 90 days to make alI necessary repairs. � � 13. The City Council has considered this application including the £indingsand recomendations ofthe Planning Commission, reports by the City 5taff, written comments of the applicant and the effect of the proposed use on the health , safety and welfare of the community. 14. The City Council finds that granting a Conditional Use Permit to alivw the continued church use on the property will not be detrimental to the heaith, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring pro�erties , nor will it depreciate surrounding property values and the church use to be in keeping with the intent and objectives af the 2oning Code and Comprehensive Plan of the City. � CONCLUSIONS, ORDER AND CONDITIONS Based upon the abvve findinqs, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 34. 330 to New Thought Center, Ine. , Church of Religious S�ience to permit the church use of the property subject to the following conditions: 1. Applicant must remove all State Fire Code and Septic Code violations found on the property as of April 4, 1984, by the deadline date speci£ied by the City staff. 2. Applicant is placed on notice that although the Council has granted a Conditional EJse Permit for church use prior to the issuance of a certiffcate o£ occupancy that if the City finds the applicant unwil].ing to cooperate with the City staff in the remova� of the specified State Fire Code or Septic Code violations on the property or if applicant is found in violation Page 4 of 7 - c�ty of oR,o�o RESOLUTION OF THE CITY COUI�IO�IL�� � '::ta�: $�` Y;' +�"•�� t t'�� l���: A±+�i�..::.'�_ NO. 1617 ':�:�;�,,is:- � �.{.,;a�:�� ��.��°� . . . _. .;:, . - . . of or noncompliance with any of the terms and conditions of this resolution that this shall constitute a violation of the Zoning Code, sha11 automatically terminate any authoritygranted herein and sha11 be punishab�.e as a misdemeanor. 3. The undersigned owner has read , understood and hereby agrees to the terms of this reso3.ution and on behal€ of the New Thought Center , Inc. , Church of Religious Science heraby agrees to the recording of this resolution in the chain of title to the property. The City of Orono hereby agrees to notify the Minnesota Department of ��- Revenue in regard to the applicant' s application for tax abatement that its specific use of the property is now in compliance with all • standards of the Orono Municipal Code. Ad pted by the Orana City Council on this 9th day o£ Apri7., 1984. AT ST: . CITY OF ORONQ � . �J y Cl e Ma yo r Deput ty Clerk (1 � pert Ow �(s) , " �2� , Property �wner(s . " """" (3) . Property Owner (s� Page 5 of 7 � � �. .. �'�il� ITE� ��S �EE� ��r��:_ �g ;�s��� • _ ��f C�ty of 4R °� ����=--� RESOLUTION OF THE CITY COUNCtL NO. 1617 • � • ' • • STATE OE' MINNESOTA ) ) ss . COUNTY OE' HENNEPIN ) On this �,��� day of l9..����>� , 1984 , before me a Notary � Public witFiin nd o�said County, personally appeared ���,n . � ���P�.���' knowr� to me to � be t e person(s) descri ed in a who executed the �oregoing instrument, and acknawledged that he (they) executed the same as his (their) free act ar►d deed. �� C�( i"/T � . , _�11.8ERTA . 8 OM — — �IENN IN�� NOTARY PUBLIC . ����✓�-�, /y�� MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1984 , before me a Notary Public w�thin and for said County, personaZly appeared known to me to be t e _ person(s} descr bed n and who execute the toregoing instrument, and acfcnowledged that he {they) executed the same as hi5 (thei.r) free act and deed. NOTARY PUBLIC . MY COMMISSION EXPIRES Paqe 6 0£ 7 � �, � . � � E� . �. �,�� �,���� �� � ���1�,�, ��,_�,�a C�t of UR � ' ���� 3' . .. ���� ," ��t.�'-:� a RESOLUTION OF THE CITY COUNCIL Np, 161'7 s • - • • STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this day of , 1984, before me a Notary Public w thin and o�r said County; personally appeared known to me to be the person(s) descri�` e��`d in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . NOTARY PU9LIC � MY COMMISSIQN EXPIRES � Page 7 of 7 . . • . , ���i� .t'�`";'+,11� i'p �¢€� U(�"�'°� ,�:�s�'° �+L��+ �` � ,'. .'.� `_ �r r�', s� y�+h„; �- STATE OF MINNESOTA ) ;=';�' ' F . � ... � . COUNTY OF HEIJNEPIN ) ) CITY OF ORONO ) I Dorothy M. Ha11in, I3eputy City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution i.n the Minutes of the proceedings of said Ci.ty Council at a meeting of said City Council held on Apri1 9 , 29 84 , and that the same is a true an correct copy o sai reso ution was duly adopted by said City Council at said meeting . xn Witness Whereof, I have hereunto set my hand and seal this 5 , day of une . , 19 84 � ,� . �'/ • �� ' ot y M al.lin Deputy City Clerk (SEAL) This document is being recorded �or the benefit of the City of Orano per Minnesota Statutes 385.77. 8ruce U. Mal erson, City Attorney State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Sox 66 Crystal Bay, MN 55323 .